Advocacy & Alternative Dispute Resolution: Mediation

A basic strategy -- The stages of mediation -- Before the mediation session -- Process obstacles : positional bargaining -- Process obstacles : based negotiation and other issues -- Psychological issues : strong emotions and cognitive forces -- Merits barriers : information exchange and analysis -- Merits barriers : evaluation and decision analysis -- Resolving impasse and closure -- Ethical and legal issues -- Representing clients in mediation : advice for lawyers -- How to borrow a mediator's powers -- Advocacy at specific stages -- Employment disputes -- Insured claims and other monetary disputes -- Intellectual property cases -- Environmental contamination disputes -- Mega-disputes and class actions

# Mediation, Arbitration and Litigation -- Suitability of Dispute for Mediation -- Why Mediation Works or Fails -- How to Propose Mediation -- Mediator Styles, Strategies and Techniques -- How to Select a Mediator -- How to Prepare for Mediation -- Role of the Client in Mediation -- Negotiating Techniques in Mediation -- Mediation Forms and Agreements -- Corporate and Law Firm ADR Strategies-- Practice Tips for Effective Mediation Advocacy

Explains adversarial and problem-solving strategies, how to help clients make better strategic use of negotiation, counseling techniques and organizational tools for successful negotiations.

Leads you step-by-step through the stages of mediation. Each chapter includes a checklist highlighting key actions at critical stages of the mediation process.

Mediation distinguished from other dispute resolution processes -- The mediation process -- Mediation as facilitation of negotiation -- Getting to the mediation -- The obligation to mediate -- Issues surrounding mediator neutrality and impartiality -- Confidentiality in mediation -- Issues surrounding the mediation agreement -- Ethical considerations -- Regulation of mediators: development of the profession -- Specialized applications of mediation -- Derivative, combination and hybrid processes

The middle voice -- Intervener models -- Patterns in conflict -- The mediator's job -- Assessing entry -- Begin the discussions -- Accumulate information -- Develop the discussion strategy -- Generate movement -- ELECT separate sessions -- Reach closure -- Practical challenges and ethical dilemmas

Written as a guide for business executives, this discusses the various ADR provisions in contracts, tactics for mandatory negotiation, mandatory non-binding mediation and mandatory binding arbitration. Appendix includes sample arbitration and mediation clauses, the American Arbitration Association Clauses and J.A.M.S. Clauses.

Introduction to learning mediation skills and techniques -- Establishing the foundation : introductions, intake, screening & preparation -- Maintaining a favorable climate -- Managing the mediation process -- Assisting the communication process -- Managing conflict from crisis to opportunity -- Facilitating the negotiations -- Encouraging settlement -- Variations in the mediation process -- Special issues in mediation -- Avoiding mediator traps -- Becoming a mediator, careers in mediation and establishing a private mediation practice

Introduction -- Dilemmas Presented by Institutionalization of Mediation -- Practices in Mediation -- Advising Clients About Mediation -- Mediation Policy Objectives Historically -- Planning Court and Other Public Mediation Programs -- Mandatory Mediation and Settlement Pressure -- Mediation Clauses in Contracts -- Confidentiality -- Legal Services by Mediator: Conflict of Interest, Advertising, Joint Practice, and Unauthorized Practice -- Regulating for Quality, Fairness, Effectiveness, and Access: Mediator Qualifications, Certification, Liability and Immunity, Procedural Requirements, and Other Measures -- Issues Related to Specific Types of Disputes -- Toward Simple Code of Mediation Procedure.
Additional Volumes include text of selected mediation legislation by jurisdiction. Looseleaf at UIC Law last updated in 2008.
Also available in Westlaw: MEDIATION

Negotiating in mediations -- Familiarizing yourself with mediation -- Counseling your client about mediation -- Negotiating an agreement to mediate -- Preparing your case for mediation -- Preparing your client for mediation -- Appearing in the mediation : pre-mediation conference, mediation session, and post-session -- Breaking impasses with alternatives to mediation (ATM)

Advanced mediation advocacy skills in ten vignettes

Video of an actual landlord-tenant small claims mediation - from start to finish, including side-bar conversations - for Program on Negotiation at Harvard Law School 2009 Mediation Pedagogy Conference.

This video demonstrates the "Mediation through Understanding" mediation model as applied to a highly charged business conflict. Focusing on a dispute between a dance company and its recently discharged choreographer, which raises intellectual property and employment issues, the video alternates between excerpts from the mediation itself and an educational commentary

Examines how culture and gender affect the way information is processed, communication and negotiation are experienced, power is exercised and understood, risks are evaluated, and decisions and agreements are reached.

General topics covered: current themes in the field, keys to conflict resolution, dispute resolution process options, negotiation approaches and negotiation power, being a mediator, getting started, mediator strategy, managing emotional & relational issues, communication skills, mediating parenting issues, mediating child & spousal support, mediating property & debt, tax and drafting issues, mediation ethics, developing a successful mediation practice

A collection of observations and experiences of thirty-one of the best known and most experienced mediators in the world

Professor Lowry guides you through a series of eight concepts and exercises to better understand the state of your mediation practice and how to develop a plan for profitably expanding your practice.